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MINUTES OF PROCEEDINGS

Meeting No. 29

Tuesday, December 5, 2006

The Standing Committee on Transport, Infrastructure and Communities met at 3:50 p.m. this day, in Room 209, West Block, the Chair, Merv Tweed, presiding.

Members of the Committee present: Don H. Bell, Robert Carrier, Ed Fast, Hon. Charles Hubbard, Brian Jean, Peter Julian, Mario Laframboise, David J. McGuinty, Hon. Andy Scott, Brian Storseth, Merv Tweed and Jeff Watson.

In attendance: Library of Parliament: Allison Padova, Analyst.

Witnesses: Department of Transport: Helena Borges, Director General, Surface Transportation Policy; Brigita Gravitis-Beck, Director General, Air Policy; Alain Langlois, Legal Counsel, Legal Services.

Pursuant to the Order of Reference of Thursday, September 21, 2006, the Committee resumed consideration of Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts.

The Committee resumed its clause-by-clause study of the Bill.

On Clause 25,

Mario Laframboise moved, — That Bill C-11, in Clause 25, be amended by adding after line 3 on page 17 the following:

“(6) The Agency shall, at least semi-annually, prepare a report to the Governor in Council through the Minister setting out the number and nature of complaints filed under this Part, including the names of the licensees against whom the complaints were made, and describing the manner in which they were dealt with and any systemic problems observed. The Agency shall include the report in its annual report.

(7) The Minister shall have the report laid before each House of Parliament on any of the first five days on which that House is sitting after the Minister receives it or, if that House is not then sitting, on any of the first thirty days next thereafter that the House is sitting.”

Debate arose thereon.

By unanimous consent, the amendment was withdrawn.

Brian Jean moved, — That Bill C-11, in Clause 25, be amended by adding after line 3 on page 17 the following:

“(6) The Agency shall, as part of its annual report, indicate the number and nature of the complaints filed under this Part, the names of the carriers against whom the complaints were made, the manner complaints were dealt with and the systemic trends observed.”

Debate arose thereon.

The question was put on the amendment of Brian Jean and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

Clause 25, as amended, carried.

Clause 26 carried by a show of hands: YEAS: 7; NAYS: 2.

On Clause 27,

David J. McGuinty moved, — That Bill C-11, in Clause 27, be amended by replacing lines 36 and 37 on page 17 with the following:

“86.1 (1) The Agency shall make regulations”

Debate arose thereon.

Brian Jean moved, — That the amendment be amended by deleting all the words after the word “shall” and substituting the following:

“, on the recommendation of the minister, make regulations”

Debate arose thereon.

The question was put on the subamendment of Brian Jean and it was negatived, by a show of hands: YEAS: 4; NAYS: 7.

The question was put on the amendment of David J. McGuinty and it was agreed to, by a show of hands: YEAS: 7; NAYS: 4.

David J. McGuinty moved, — That Bill C-11, in Clause 27, be amended by replacing line 42 on page 17 with the following:

“section (1), regulations shall be made under that”

The question was put on the amendment of David J. McGuinty and it was agreed to, by a show of hands: YEAS: 7; NAYS: 4.

Clause 27, as amended, carried.

Clause 28 carried.

By unanimous consent, Clause 29 was allowed to stand.

On Clause 13,

By unanimous consent, the Committee resumed consideration of the amendment of David J. McGuinty, — That Bill C-11, in Clause 13, be amended by adding after line 4 on page 8 the following:

“(2.1) The guidelines referred to in subsection (2) shall be made public and shall specify the criteria that are to be applied by the Minister in making a decision under subsection (4) or (5). Those criteria must be different from the criteria that are applicable to any assessment that is performed under the Competition Act or any other Act of Parliament.”

The debate continued.

At 5:35 p.m., the Committee adjourned to the call of the Chair.

Mark D'Amore
Clerk of the Committee

2006/12/06 3:17 p.m.